In short
- FSSAI's 2018 Advertising and Claims Regulations bind food business operators and marketers, and regulation 13 penalises any person who is a party to publishing a non-compliant ad, up to ₹10 lakh.
- Creators cannot call a food healthy or imply it treats, cures or prevents a disease. Claims must match the label and be scientifically substantiated.
- '100% fruit juice' claims for reconstituted juice were ordered off labels and ads in June 2024. 'Natural', 'pure' and 'fresh' are allowed only on FSSAI's conditions.
- Give creators a pack-first claims sheet: the lines they may use, the label panel each comes from and the evidence behind it. Avoid eating-challenge formats that encourage excess.
A creator may talk about taste, texture, how they cook with a food and how they feel eating it. A creator may not call a food healthy, imply it treats or prevents a disease, or make nutrition or purity claims the brand cannot back with evidence. Under the Food Safety and Standards (Advertising and Claims) Regulations, 2018, those limits bind the brand as the food business operator and marketer. The penalty provision reaches "any person who advertises or is a party to the publication" of a non-compliant ad, which includes a paid creator.
This post is the food slice of our ASCI influencer guidelines explainer and our guide to influencer marketing in India. Our post on health influencer rules covers qualifications and the 1954 Act. Here we read the FSSAI text itself and turn it into a brief a creator can follow. Brands in packaged food, drinks and restaurants should read it with our FMCG, food and beverage page.
Who the regulations reach
Regulation 3 says every food business operator and marketer, while advertising or disseminating marketing communication for the promotion or sale of food, must follow the general principles in regulation 4. Two definitions matter. A "marketer" includes persons or companies, including advertisers and direct marketers, on whose behalf marketing communications are published to promote products or influence consumer behaviour. "Marketing communications" include advertising and other techniques such as promotions, sponsorships and direct marketing, interpreted broadly. An "advertisement" covers any audio or visual publicity or pronouncement made through print, electronic media, the internet or a website.
Regulation 13 sets the penalty. Any person who advertises or is a party to the publication of an advertisement or claim that breaches the regulations is penalised under section 53 of the Food Safety and Standards Act, 2006: up to ten lakh rupees. Section 24(1) of the Act separately says no advertisement shall be made of any food that is misleading or deceiving or contravenes the Act, rules or regulations.
If FSSAI finds a violation, regulation 15 lets it order the operator or advertiser to stop the ad immediately and issue a corrective advertisement within 30 days through the same medium. For a campaign built on creator handles, plan for the correction to run on the creator's channel too, and for the brand to pay for it.
FSSAI's regulations do not mention influencers by name. We found no 2025 or 2026 FSSAI direction aimed at creators, so the safe reading is that a paid post is an advertisement and the creator is a party to it. The compendium we read is FSSAI's Version IV of 14 December 2022, so confirm the latest amendments before relying on a clause number.
What creators trip on most
The table pairs lines we see in food scripts with the regulation they run into and a safer way to say it.
| A creator says | The problem | Safer line |
|---|---|---|
| "Guilt-free, healthy snack" | Regulation 8(3): food shall not be described as healthy or implied to impart health in and of itself | "Roasted, not fried, 4 g protein per serving" if that matches the label and the nutrient conditions |
| "Boosts immunity" | A health claim under regulation 7: needs two parts, the physiological role and the composition, plus scientific substantiation | Leave out, unless the brand holds substantiation that fits regulation 7 |
| "Helps with PCOS / diabetes" | Regulation 10(1) bars claims about prevention, alleviation, treatment or cure | Cut. No wording fixes this |
| "No added sugar" | Regulation 6(1) sets conditions; if sugars occur naturally the label must say "contains naturally occurring sugars" | The exact label wording, nothing more |
| "50% less sugar than usual" | Regulation 5(4)-(5): comparisons need similar foods, a minimum difference and the foods and amount named near the claim | State the compared product and the difference, or drop it |
| "100% fruit juice" | FSSAI's June 2024 direction removed the claim for reconstituted juice | "Made with fruit juice" only if true to the label |
| "Replaces your meal" | Regulation 4(11) bars portraying food as a meal replacement unless another regulation permits it | Describe it as a snack or an addition |
| "Doctors recommend it" | Regulation 10(2) bars words implying a food is recommended or approved by medical practitioners on a label; ASCI bars implying professional endorsement without consent | Only with the named professional's prior consent, as ASCI requires |
| "Pure, natural, authentic" | Regulation 9(2): allowed only under Schedule V conditions | Use the brand's approved wording |
| "FSSAI approved" | Regulation 4(9) bars using the FSSAI logo and licence number to promote sale | Cut it. The licence number belongs on the pack, not in the claim |
Three further rules catch recipe and review content. Regulation 4(12) says claims in advertisements must be consistent with the label. Regulation 4(2) bars claims that encourage or condone excess consumption of a food. And regulation 10(7) bars undermining another maker's products to promote your own, which matters for taste-test and "I switched from..." formats.
Eating challenges and big portions
ASCI's food and beverage guidelines say ads should not encourage over or excessive consumption or show inappropriately large portions, and should not undermine healthy lifestyles. Regulation 4(2) and 4(10) say the same in FSSAI's words. Formats built on "how many in one minute" or enormous portions sit badly with both. Brief taste-test and mukbang-style creators on moderate portions, or avoid the format for HFSS foods.
Health and nutrition claims
Regulation 7 sets out what a health claim must carry. It has two parts: information on the physiological role of the nutrient or an accepted diet-health relationship, and information on the product's composition relevant to it. Where a recommended dietary allowance exists, the food must qualify as a source or high in the nutrient under Schedule I. A claim must state the quantity per 100 g, 100 ml or pack, and where relevant the target group, directions for use and a maximum safe intake. A health benefit attributed directly to the product must rest on statistically significant results from well-designed human intervention studies, run by or under established research institutions and peer reviewed.
Reduction-of-disease-risk claims are narrower still. Regulation 7(3) says none may be made except as Schedule III allows, and regulation 11 requires prior approval from the Food Authority for others.
For a brand, that means a "supports immunity" line in a creator script is not a casual caption. It is a regulatory claim, and the brand should treat it as one: if there is no substantiation file that fits regulation 7, the creator does not say it. A creator who is a registered nutritionist can explain how fibre works, but ASCI's Addendum II still expects qualifications to be stated upfront whenever technical health advice is given, and it exempts only generic content such as a food-blogger tie-up to promote a meal service.
What the regulators are looking at now
- ASCI. Its FY2025-26 report counts 331 food and beverage cases, with nutraceuticals making up 52 percent of them and 96 percent of those requiring modification. Violations centred on unsubstantiated claims about metabolic health, chronic disease, child development, fertility and organ function, including for weight-loss supplements and growth formulas. Food and beverages were 6.3 percent of influencer violations.
- FSSAI. In June 2024 it ordered "100% fruit juice" claims removed from the labels and ads of reconstituted juices, saying the 2018 regulations have no provision for a "100%" claim. In April 2025 it opened a consumer tool to report misleading label claims, with the product's front-of-pack image and licence number.
- The self-declaration route. PIB reported on 18 March 2026 that the Information and Broadcasting Ministry advised advertisers and agencies on 3 July 2024 to upload an annual self-declaration certificate for food and health sector ads on its portals, following the Supreme Court's order of 7 May 2024. The release does not say whether a creator's own post is covered. Ask counsel, and in the meantime hold the same evidence a declaration would assume.
A pack-first claims sheet for creators
Brief creators from the pack, not from the marketing deck. For each permitted line, record the label panel where it appears, the regulation it meets and the evidence on file. Our compliance checklist shows the sheet in context.
| Column | Example entry |
|---|---|
| Line the creator may say | "Contains 6 g of protein per serving" |
| Where it is on the pack | Nutrition panel, current batch |
| Rule it meets | Regulation 5 and Schedule I nutrient condition |
| Evidence | Lab report dated, batch-linked |
| Do not add | "High protein", "builds muscle", "healthy" |
Add one rule for regional campaigns: check that the claim matches the label in each language the creator speaks. A Hindi caption that sharpens an English claim is a different claim.
Seeding and recipe programmes run through our gifting and seeding service use the same sheet, and micro and nano creator campaigns need it most, because dozens of creators will speak from it. Pair the sheet with the label rules in our post on disclosure hashtags, and with usage-rights terms if the post will run as an ad. Food content aimed at children raises further limits, covered in our post on children in influencer ads. For how liability reaches a brand when a creator ad-libs a claim, see brand liability for influencer posts.
What we could not source
We did not open Schedule V (the conditions for "natural", "fresh" and similar terms), Schedule III (reduction-of-disease-risk claims) or the separate nutraceutical regulations. We found no FSSAI direction aimed at influencers, and we did not check the regulation text against amendments after December 2022.
For a food campaign plan with the claims sheet built in, send us a brief.
This is general information, not legal advice.
Sources
- Food Safety and Standards (Advertising and Claims) Regulations, 2018, compendium Version IV (regulations 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 15), FSSAI (14 Dec 2022)
- The Food Safety and Standards Act, 2006 (sections 24 and 53), FSSAI (2006)
- FSSAI directs FBOs to remove claim of 100% Fruit Juices from the label and advertisement of fruit juices, PIB, Ministry of Health and Family Welfare (3 Jun 2024)
- FSSAI Empowers Consumers to Report Misleading Claims on Food Products, FSSAI press release (30 Apr 2025)
- Self-regulation guidelines on advertising of foods and beverages (1 Feb 2013); guidelines for influencer advertising in digital media, ASCI (undated page, accessed 1 Nov 2026)
- Offshore betting and realty emerge as most violative sectors in ASCI Annual Complaints Report 2025-26, ASCI press release (28 May 2026)
- Advertising Code Prohibits Misleading Claims, Unsafe Portrayal of Children and Violation of ASCI Norms (self-declaration certificates for food and health ads), PIB, Ministry of Information and Broadcasting (18 Mar 2026)
- The Consumer Protection Act, 2019 (section 21), Gazette of India (9 Aug 2019)
Frequently asked questions
Do FSSAI advertising rules apply to influencers?
They apply to food business operators and marketers, and regulation 13 penalises any person who advertises or is a party to the publication of a non-compliant ad. 'Marketing communications' are defined to include sponsorships. FSSAI's regulations do not name influencers, and we found no FSSAI direction aimed at them, so treat a paid creator post as an ad. See our ASCI guide.
Can an influencer call a food product healthy?
Not safely. Regulation 8(3) says foods shall not be described as 'healthy' or represented in a way that implies a food in and of itself will impart health. Claims about a 'healthy diet' must follow ICMR's dietary guidelines. A creator can say they enjoy it, or quote a nutrient content that meets the regulations' conditions.
What is the penalty for a misleading food advertisement in India?
Section 53 of the Food Safety and Standards Act, 2006 provides a penalty of up to ten lakh rupees for anyone who publishes, or is a party to the publication of, an ad that falsely describes food or is likely to mislead on its nature, substance or quality. FSSAI can also order a corrective advertisement within 30 days through the same medium.
Can a creator say a food product is 'natural' or 'pure'?
Only on FSSAI's conditions. Regulation 9(2) says claims using adjectives such as natural, fresh, pure, original, traditional, authentic, genuine or real must follow Schedule V, and it bars words like 'home-made' that may give an erroneous impression. If the brand name itself contains such a word and may mislead, regulation 4(7) requires a front-of-pack disclaimer.
Can influencers say a food boosts immunity or cures a condition?
No cure claims. Regulation 10(1) bars claims about prevention, alleviation, treatment or cure of a disease unless another regulation permits them. A function claim such as boosting immunity is a health claim under regulation 7 and needs scientific substantiation, and a claim attributed directly to the product needs human intervention studies. See our health influencer rules.
Who checks food advertising in India besides FSSAI?
ASCI, whose food and beverage guidelines date from 1 February 2013, and the Consumer Protection Act, 2019 under the CCPA. ASCI says nutraceuticals were 52 percent of its food and beverage cases in FY2025-26. FSSAI also opened a consumer reporting tool for misleading label claims in April 2025. Our FMCG and food page covers how we plan these campaigns.